4/1/2026 12:30:09 AM Recovering Avoided Costs as Damages (Part 2)? By Eugene Mar In my post from yesterday, I referred to a Tata Consultancy Services' trade secrets case where Tata is trying to get the unjust...
3/31/2026 1:45:08 AM Can Avoided Costs Be Another Form of Damages? By Eugene Mar Tata Consultancy Services (TCS) has asked the Supreme Court to weigh in on an issue that could have a profound effect on trade secret...
3/6/2026 5:45:37 PM The Tension Between Trade Secrets and Patents By Eugene Mar For a company protecting and enforcing its intellectual property, patents and trade secrets are two very common and important forms of...
3/2/2026 6:50:37 PM Risk of Developing Your Own Competing Software to White-Labeled Software By Eugene Mar I recently posted about another case where a company that developed a white-label software platform for a customer later sued that...
2/19/2026 8:25:08 PM Why Distinguishing Trade Secrets From Public Knowledge Matters By Eugene Mar As companies deploy AI-driven platforms, analytics systems, and data-powered services, much of their competitive advantage now lives in...
1/30/2026 2:30:38 AM Strategic Considerations for State v. Federal Trade Secret Claims By Eugene Mar When the Defend Trade Secrets Act (DTSA) was passed in 2016, it opened the doors in federal court to a federal cause of action for trade...
1/27/2026 11:55:07 PM Trade Secret Theft Arising Out of Customer-Vendor Relationship By Eugene Mar Some of the biggest headline trade secret cases with the biggest damages awards arise out of matters where a supplier alleges that a...
1/23/2026 12:00:38 AM The Classic “Email to Self” as Trade Secret Misappropriation By Dan Callaway A complaint alleging misappropriation of trade secrets must define the trade secrets specifically enough that the defendant knows what...
1/17/2026 3:50:37 AM Using TROs to Stop Trade Secrets from Being Given to Competitors By Eugene Mar I continue to see a wide range of cases across the country where courts are granting TROs and preliminary injunctions to prevent...
12/10/2025 7:55:38 PM Lawmakers Weigh in on USPTO’s Proposed Modifications to IPR Process By Jim Day Raven Quesenberry The U.S. Patent and Trademark Office published a notice of proposed rulemaking on October 16, 2025, titled “Revision to Rules of Practice...
12/3/2025 5:11:08 PM Taxing Patents Based on their "Value" Would Upend Patent Litigation Damages By Eugene Mar There has been some recent suggestion from the Department of Commerce and this current Administration that they would impose a 1-5% fee...
9/2/2025 7:20:37 PM AI and the Fair Use Defense: Lessons from Two Recent Summary Judgment Rulings By Alex Reese By Alex Reese and Tom Pardini Two judges in the Northern District of California recently issued groundbreaking summary judgment rulings...
7/22/2025 1:08:38 PM Growing Momentum for AI’s Fair Use Defense: Lessons from Two Recent Summary Judgment Rulings By Alex Reese Within the same week, two judges in the Northern District of California issued groundbreaking summary judgment rulings regarding whether...
5/22/2025 8:48:54 PM Federal Circuit Scales Back IPR Estoppel in Ingenico, Resolving District Court Split By Winston Liaw Victoria Huang On May 7, 2025, the Federal Circuit issued its decision in Ingenico Inc. v. IOENGINE, LLC,[1] holding IPR estoppel does not preclude...
5/12/2025 4:24:43 PM In Limited Cases, Foreign Trademarks Can Affect U.S. Registration Rights By Farella Braun + Martel It is a basic tenet of trademark law that rights are jurisdictional. Trademark owners only have rights in the mark in the jurisdictions...
5/8/2025 7:44:31 PM With Trademark Claims Against Gray Market Goods, the Devil Is in the Details By Farella Braun + Martel When a third party purchases a manufacturer's goods intended for distribution outside of the U.S., and then imports those goods into and...